John Kimble v. Dean Wither
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:12-cv-00110-MFU Copies to all parties and the district court/agency. [999333753]. Mailed to: Kimble. [13-2448]
Appeal: 13-2448
Doc: 13
Filed: 04/10/2014
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2448
JOHN B. KIMBLE,
Plaintiff – Appellant,
v.
DEAN WITHERS, CEO; DARLENE SITES; F&M BANK CORP,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg.
Michael F. Urbanski,
District Judge. (5:12-cv-00110-MFU)
Submitted:
March 27, 2014
Decided:
April 10, 2014
Before NIEMEYER and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
John B. Kimble, Appellant Pro Se. David Alvin Penrod, Grant
David Penrod, HOOVER PENROD PLC, Harrisonburg, Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 13-2448
Doc: 13
Filed: 04/10/2014
Pg: 2 of 2
PER CURIAM:
John
adopting
B.
Kimble
appeals
the
magistrate
judge’s
the
district
court’s
recommendation
to
order
dismiss
Kimble’s civil action, and its order denying relief under Fed.
R. Civ. P. 59(e). *
reversible error.
We have reviewed the record and find no
Accordingly, we affirm for the reasons stated
by the district court.
Kimble v. Withers, No. 5:12-cv-00110-MFU
(W.D. Va. Nov. 21 & Dec. 12, 2013).
We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
AFFIRMED
*
Although Kimble did not file a separate notice of appeal
from the latter order, we construe his amended informal brief as
a notice of appeal from that order.
See Smith v. Barry, 502
U.S. 244, 248-49 (1992).
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?